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I have been asking my public defenders for 10 months to file a motion to change my plea, but none have done so, is this legal?
Kevin's answer
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Answered on February 10, 2015
It is difficult to advise you without being able to conduct a confidential evaluation. That said, generally speaking, a plea withdrawal is...
Archived
What do you do to get property back after receiving a stipulated order to return property?
Kevin's answer
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Answered on February 10, 2015
Take the copy of the order to the law enforcement agency that took the property and show it to them. They must give you the property back at that...
Archived
Can changes be made by the judge at sentencing?
Kevin's answer
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Answered on February 10, 2015
Honestly, these questions are best fielded by your husband's attorney. He or she should be familiar with the judges and practices and customs of...
Archived
How can I get my rights back if I was convicted of a felony?
Kevin's answer
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Answered on February 10, 2015
Relief depends on which felonies you were convicted. It also is dependent on whether or not you received a prison sentence or a probation sentence....
Archived
How do I find out if there's a warrant out for my arrest in the US? (I am now a Canadian citizen.)
Kevin's answer
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Answered on February 10, 2015
Yes there is. First of all there would not be a warrant for unpaid parking tickets. if the tickets are for moving violations, though, then possibly...
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Archived
Willful premaitated murder is his charge also presuading a witness and murder of his sibling
Kevin's answer
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Answered on February 10, 2015
I am unsure of who "we" is in this question. A person charged with a crime is afforded due process in this country which means that no matter the...
Archived
Executing a search warrant for non specific felony the purpose given was to search devices material used to commit a felony.
Kevin's answer
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Answered on February 10, 2015
The short answer is the DA can charge what they want, when they want. But they need to prove it. Sometimes complaints contain errors, which might...
Archived
I am told that Sherriff patrol units in CA utilize A/V cameras . How do I obtain a copy of any such recording?
Kevin's answer
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Answered on February 09, 2015
Yes you are entitled to that audio and video if it still exists. Sheriffs generally have videos and audio in patrol cars. Whether it was...
Archived
I'm on parole for a felony case that is now a misdemeaner case after proposition 47 passed. I've been on parole since 2007.
Kevin's answer
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Answered on February 08, 2015
I will assume you do not have any disqualifying prior convictions (super strikes or convictions that require 290 registration) which would prohibit...
Archived
My husband just lost his case on a third strike for attempted burglary and 2nd degree.
Can he file for an appeal?
Kevin's answer
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Answered on February 07, 2015
I agree with the other attorneys regarding the timing of the appeal: it must be filed within 60 days of the date of his sentence. your husband...
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